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  July 26th, 2024 | Written by

Essential Steps to Take After a Car Accident Injury

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Car accidents can cause devastating injuries, emotional trauma, and huge financial burdens. The time immediately after a car accident can be very overwhelming, but there are several steps a victim should take to protect their health, their rights, and their financial well-being. This guide outlines the critical actions to take following a car accident injury so that you navigate this challenging time effectively.

Read also: 8 Reasons for Trucking Accidents & How to Avoid Them

Big City Accidents

Any large urban area is going to see its fair share of personal injury incidents annually. For instance, Chesapeake, Virginia, has seen over 3,500 traffic accidents this year alone, according to the Virginia Department of Motor Vehicles. These caused a wide array of various injuries and several fatalities. There are several busy highways and intersections in the city with a lot of local and through traffic that can cause accidents.

For those who sustain injuries from such accidents, dealing with the after-effects can be both intricate and irritating. Other issues contribute to their burden in terms of piling medical expenses, rehabilitation costs, and lost income, bringing immense financial load on the victims and their loved ones. You must discuss your case with a personal injury lawyer chesapeake va, so that you will understand your legal rights to get the fair compensation due to you. 

An experienced lawyer will guide you through the court process, negotiate with insurance companies, and strongly advocate for your interests to get maximum compensation for the injuries and losses you suffered. Below are some essential steps you should take in the event of an accident:

1. Safety and Medical Help

First of all, after an accident, the safety of all parties is the most important thing. If possible, move to a safe area away from the traffic. Check for any injuries; then call 911 to seek medical help, even if your injuries seem minor. Some injuries may not initially show because of the adrenaline rush caused by the accident. Getting prompt medical attention can make all the difference to your health and also document your injuries.

2. Accident Reporting

Call the police to report the accident. A police report is vital in case there is any future legal or insurance claim. Provide the officers with all the details you can, but avoid taking responsibility for unverified statements. The police report will contain much information regarding the scene of the accident, the testimony of eyewitnesses, and the officer’s preliminary assessment of fault.

3. Document the Scene

Get as much evidence as possible from the scene of the accident. Photograph and video both the vehicles, their positions, visible damages, skid marks, condition of the road, and any traffic signs or signals. If there are witnesses, collect their info and note down their observations. This information may be very important in your claim and to prove the facts.

4. Exchange Information

If yours is not a hit-and-run case, exchange contact and insurance information with other drivers. This includes their names, addresses, telephone numbers, driver’s license numbers, and the details pertaining to their respective insurance policies. Be courteous and cooperative, but avoid fault-related or detailed conversations regarding the accident because such may be later used against you.

5. Notify Your Insurance Company

Report the accident to your insurance carrier as soon as possible. Give them all the accurate information and any evidence that you have collected. Your insurance policy likely has requirements that such incidents be reported promptly, and failure to do so may impact your coverage. Be honest, and complete, and avoid speculation about the fault or extent of your injuries until all facts are known.

6. Keep Records

Keep detailed records of the treatments you receive, from visits to doctors to the medication and therapies that you end up needing, and all related expenses. Also, log your symptoms, pain threshold, and impact on your daily life resulting from the injuries. Thereafter, record all communication with insurance companies, law enforcement agencies, or other parties associated with the accident. This will help you immensely in building a strong personal injury claim.

7. Consult a Personal Injury Attorney

Engaging the services of a good personal injury attorney can hugely alter the course of the case. Such an attorney will be able to give professional advice, negotiate on your behalf with insurance companies, and argue for you in court when necessary. They will work hard to ensure that you get compensation for medical bills, lost wages, pain and suffering, and other related costs.

8. Obey Medical Instructions

Medical treatment is not only good for your recovery but also for the success of your legal case. You, however, have to religiously follow through with the treatment prescribed by your doctor, attend all follow-up checkups, and adhere to all prescribed therapies. If you follow a consistent pattern of medical treatment, it will not only aid your recovery but also document the extent of your injury and its impact on you, which is important for your claim.

9. Keep off Social Media

Be very careful about posting anything on social media after your accident. Insurance company adjusters and parties on the other side monitor the accounts of people who have filed claims in search of any information to use against them. Do not discuss the accident, your injuries, or any other legal matters on social media. These are private matters best left to your attorney, who will handle all communication while your case is ongoing.

10. Know the Statute of Limitations

Every state has a statute of limitation on how long one has to file a personal injury lawsuit, which varies in most states between one and three years from the date of an accident. For this reason, knowing these deadlines is critical, and one should ensure to take action within the timeframes provided. Early consultation with a personal injury attorney can help ensure that you are aware of and do not miss any critical deadlines.

11. Prepare For a Possible Court Case

Though most of the vehicle accident cases are mostly solved out of court, some may end up in court. Thus, be prepared by keeping a good record and following up with your attorney. Your attorney will be there to guide you on all the procedures from filing the papers to representing you in court. Good preparation vastly affects the outcome.

FAQs

What if the other driver has no insurance?

In such a case, when the other motorist is uninsured, you can file a claim with your insurer under your uninsured motorist coverage if you have it. You may also have to pursue a personal injury lawsuit to recover damages against the at-fault driver. Consulting with a personal injury attorney will let you know about both options.

How is fault determined in a car accident?

Fault in a car accident is determined by police reports, witness statements, traffic laws, and documentation at the scene of the accident. All of this evidence will be investigated by the insurance adjusters, and further by the court of law if need be, to ascertain liability. A personal injury attorney can help to gather evidence and present such to support your claim.

Can I still recover damages if I was partially to blame for the accident?

Yes, under many state laws, one can still recover damages even when partially at fault. The amount of compensation to be received will be reduced by your percentage of fault. It is called comparative negligence. For example, if you are found 20% at fault, then your compensation shall be reduced by 20%.

Conclusion

Car accidents are life-changing. However, there are a few valuable tips to consider to make sure your health, your rights, and your financial future are safeguarded in the event of an injury. Keeping these basic rules of thumb in mind for safety, checking on injuries, documenting the scene of the accident, and consulting with a personal injury attorney can better equip you to deal with the aftermath of the accident. 

Maintain thorough records, follow a doctor’s advice, and know the legal deadlines. These steps shall act to set up a strong case and ensure fair compensation for one’s injuries. If you have any questions or need assistance, do not hesitate to reach out to a competent and experienced personal injury lawyer who will help in guiding through the process.